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Tuesday, February 03, 2004

Sports Law - Bob Knight Suit Against IU

Today's stories about Bob Knight's suspension at Texas Tech after he "got into a verbal spat with the university chancellor at a grocery store Monday" give me a reason to go back to last week's stories about the Knight decision (or not) to appeal the Monroe County Circuit Court's dismissal of his suit against Indiana University's firing procedures.

But first, re the Lubbock story, here is a quote from KCBD in Lubbock, via 14 WFIE in Evansville:

Lunchtime at Market Street. Coach Bob Knight, Chancellor David Smith, Athletic Director Gerald Myers and one other man, standing at the salad bar, when havoc breaks loose.

According to an eyewitness, Knight and Smith exchange words. With Knight's demeanor described as, "Mad as a hornet. His face was bright red." Knight then allegedly threw his salad. The argument between the two men possibly getting physical.

The four then leave the store, where Knight's temper continues to boil in the parking lot. A second eyewitness sees Myers grab Knight by the shoulder, pulling him away from Smith, ostensibly to prevent any physical violence. The chancellor's reaction described as dismayed.

As Knight walks to his car, he reportedly stops at least twice, glancing back at Smith, "sizing him up" according to the witness. He then gets in his vehicle and leaves.

According to ESPN:
Pat Knight said that his father was very upset over the incident and that his knee-jerk, heat-of-the-moment reaction was to quit. But Pat told him "you've gotta stay the rest of the season" and then decide. * * *

One eyewitness told the Lubbock Avalanche-Journal that Knight raised his voice to Smith after the chancellor approached him at a salad bar to compliment the coach on his recent good behavior.

Pat Knight said his father and Smith have had a strained relationship, divided mostly by "petty" issues, but that ultimately the chancellor felt slighted, Katz reported.

The witness told the paper that Knight flew into a rage and accused Smith of being a liar, saying that there had been nothing wrong with his demeanor this year.

But back to the lawsuit against Indiana University. Here are some quotes from a comprehensive 1/29/04 story in the Indiana Digital Student, reporting that Knight will review his chances before appealing, contrary to earlier coverage:
A week after asking the Indiana Court of Appeals to review his lawsuit against the University, former IU Basketball Coach Bob Knight and his legal counsel are taking a closer look at their chances of overturning a judge's decision to dismiss the case.

Knight's attorney, Russell Yates, said he will use the next 10 days to reconsider Knight's chances of winning the appeal. In October, Monroe County Circuit Judge Kenneth Todd dismissed the suit Knight levied in November 2002 against the University, which claimed IU violated the terms of his contract by not following proper firing procedures. * * *

There are two types of clauses in Knight's contract. The provision in question specifies a "for-cause firing," which required a formal hearing by the University before termination, a hearing Yates said Knight never received. His contract also included a "no-cause" clause.

Knight has 30 days from the date of the appeal to file a brief to the state appellate court. Yates said the process could take up to two years from that point. *** [IU's counsel] told the IDS in September that Knight's contract allowed IU to terminate him for any reason, provided the University continued paying his salary until the end of his contract. If Knight indeed had been fired "for cause," as Yates alleged, that payment would have immediately ceased and a hearing would have commenced.

IU released a statement following Knight's Sept. 10, 2000, firing in which it claimed the University could fire Knight under paragraph nine of his contract. The excerpt specifies "if the University at any time desires, Coach shall cease to serve as head basketball coach when so advised in writing." A hearing would then purportedly be held to discuss the option to fire the coach.

Knight's contract also specified that a quorum of members of the Board of Trustees could fire Knight through a majority vote. * * *

"I am disappointed that Coach Knight's representation at that time would allow such a poorly drafted contract," [Yates] said. "Coach did what most people would do -- he relied on his lawyer to make sure the contract was drafted in such a way that he would be protected. Well, it wasn't."

[Update (already)] Howard Bashman has a link to a Lubbock Avalanche-Journal report that "U.S. Supreme Court Justice Clarence Thomas arrived in Lubbock on Monday afternoon to attend a series of events. Thomas is in town as a guest of Texas Tech men's basketball coach Bob Knight." He is scheduled to attend tonoght's game, but Patrick Knight, rather than his father, will now be coaching because of the suspension.

[More - 5:45 EST] ESPN's Jay Billus just talked to Knight. Knight will not be suspended. He will receive a letter from the university. Justice Thomas will be able to watch Bob Knight coach tonight. Here is a slightly earlier ESPN report.

Posted by Marcia Oddi on February 3, 2004 04:11 PM
Posted to General Law Related